remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The appeal was remanded because a recent court decision (Itserve Alliance, Inc. v. Cissna) prompted USCIS to rescind its policy guidance on H-1B petitions involving third-party worksites. The AAO found it appropriate for the Director to reconsider the case under the new guidance, particularly concerning the employer-employee relationship.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation
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